Divorce Questions & Answers

Q: I am divorced with a minor son, age 6. can my boyfriend move in before we get married?

1 Answer | Asked in Divorce and Family Law for Georgia on Jul 31, 2015

Answered on Aug 1, 2015

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Julie A. Rice's answer
That is the standard so don't risk being in violation. If your former spouse has visitation, then dbl. check your divorce docs. but I am sure you can overnight guests of the other sex so long as your child is not present. Caution: Don't enter into some sort of written or oral agreement with your ex-spouse that this is ok b/c unless the court order is modified BY THE COURT, you could be held in contempt even if your ex agrees. I have many clients who complain about this clause, but it the...

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Q: In a divorce, is a financial disclosure form required if child support is already established and all assets have been

1 Answer | Asked in Divorce for Nevada on Jul 22, 2015

Answered on Jul 31, 2015

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Christopher Carr's answer
It really depends on what you are going to Court for. You say assets have been divided. What about debts? Do either you or your spouse seek attorneys fees? The fact that you have lived separate for two years is not really a factor. As a general rule, you need a recent Financial Disclosure Form anytime you are going to Court. If it's related to custody at all, then support may again become an issue. Also, if you or the other party have asked for attorneys fees then it would also be...

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Q: In a separation.. doesn't both parties have every legal right to the 3 kids.

1 Answer | Asked in Divorce and Family Law for Georgia on Jul 30, 2015

Answered on Jul 30, 2015

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Julie A. Rice's answer
If you have not filed for a divorce, then you both are going to go on and on like this until someone files and there is a temporary order put in place by the court to resolve the issues of child support, visitation, and temporary custody. You both have rights to your kids and you are both doing the worst thing you can do to your children and that is put them in the middle of your problems with each other. If you don't plan on divorcing, then see a marriage counselor as soon as you can so you...

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Q: wife left 4 yrs ago (abandonment) lives in P.R. and inherited property on mothers side, do I get to keep my homestead?

1 Answer | Asked in Divorce for Florida on Jul 29, 2015

Answered on Jul 30, 2015

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Robert Jason De Groot's answer
Probably. Go see a family lawyer about a divorce for a full discussion of the issues.

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Q: My soon to be ex wife didn't give all facts truthfully & willingly about her son's biological father prior to me adoptin

1 Answer | Asked in Divorce and Family Law for Georgia on Jul 30, 2015

Answered on Jul 30, 2015

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Julie A. Rice's answer
You have full legal rights to these children and in the divorce proceedings you need to bring all of this to the Judge's attention as they biological father has given up all legal rights to the children. It is the biological father who could have criminal charges brought for seeing these children as, in the eyes of the law, he is a complete stranger. Now, since you are divorcing the mother if you don't want to have responsibility for these children and you want to give up your legal rights,...

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Q: In NJ want to divorcewife. no kids. she works. has benefits. she can have the house. how badly will my 401k be hit?

1 Answer | Asked in Divorce for New Jersey on Apr 23, 2014

Answered on Jul 29, 2015

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Leonard R. Boyer's answer
You really need to sit down with an attorney and discuss the specific facts of your case. It's not possible to give you accurate information on such limited facts. Good luck.

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Q: If my husband throws me out of our house and I move in with my parents could he say I abandoned the home?

1 Answer | Asked in Divorce for New Jersey on Jun 12, 2014

Answered on Jul 29, 2015

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Leonard R. Boyer's answer
Your husband can't just throw you out of the house first of all. You need to retain an attorney immediately, if you have not already done so. Good luck.

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Q: My question is regarding inheritance from parents. My wife has just received the final disbursement of her inheritance.

1 Answer | Asked in Divorce for New Jersey on Sep 26, 2014

Answered on Jul 29, 2015

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Leonard R. Boyer's answer
Inheritances are sole and separate property unless, the funds are commingled. In essence, despite her dishonesty, you gave her a gift. Sorry you were a victim in this. Good luck.

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Q: How can I get a pro bono here in South Jersey?

1 Answer | Asked in Divorce for New Jersey on Feb 15, 2015

Answered on Jul 28, 2015

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Leonard R. Boyer's answer
Call NJ Legal Services and the local bar association. Good luck.

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Q: My husband is an alcoholic , has been unemployed for a year . He refuses to leave , what are my options?

1 Answer | Asked in Divorce for South Carolina on May 24, 2015

Answered on Jul 28, 2015

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Mary Jane Goodwin's answer
You can file for a divorce even though he is still in the home. The judge would then decide who has to leave. You need to hire/pay an experienced divorce attorney.

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Q: Can my car just be taken from me

1 Answer | Asked in Divorce for South Carolina on Jul 16, 2015

Answered on Jul 28, 2015

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Mary Jane Goodwin's answer
There is not enough information to answer this. If the car is marital property, it is subject to equitable distribution. It doesn't matter whose name it's in. You need an experienced attorney to represent you in your divorce.

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Q: homeless now

1 Answer | Asked in Divorce for South Carolina on Jul 23, 2015

Answered on Jul 28, 2015

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Mary Jane Goodwin's answer
You need an attorney. If that is a court order, then you have to leave. If it's a pleading, it means that is what the other party is asking the court to do. There is not enough information here to provide an answer. You need an experienced divorce attorney. You will have to hire/pay an attorney to help you with this.

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Q: My friend got married to a lady he had been dating for a few months on 4th of July, 2015 in Las Vegas NV.

1 Answer | Asked in Divorce for California on Jul 25, 2015

Answered on Jul 27, 2015

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Andy Chen's answer
There are many ways to end this marriage. Worst case, your friend files for divorce. Summary dissolution may be another. Annulment may be another as well. Divorce in CA is not difficult, but the path to finally being divorced twists and turns a lot depending on the facts of each individual situation.

California divorces involve a lot of paperwork, though, so your friend should be prepared for that. Preparing a tax return is the best analogy that comes to mind. Getting married in CA...

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Q: I live in South Carolina, my ex lives in Georgia. Can he take her out of state during his visitation?

1 Answer | Asked in Divorce for Georgia on Jul 25, 2015

Answered on Jul 26, 2015

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Julie A. Rice's answer
Unless the decree specifically states otherwise or you have a legal reason to be concerned for him taking your daughter out of state, then yes. If you are concerned such as he has threatened that he won't return your daughter, is late on child support, has shown to be irresponsible and doesn't follow the court order in terms of visitation, or for some other reason, then you need file for a modification of the decree or go to court to see if you can get a temporary order so that he can't take...

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Q: I need a new vehicle and I am getting separated. Is it better to get one after the divorce or before. I am a stay at mom

1 Answer | Asked in Divorce for New Jersey on Oct 3, 2014

Answered on Jul 26, 2015

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Leonard R. Boyer's answer
Yes, you can get a new vehicle now, but you may have to prove the vehicle did not come from martial funds. You also don't mention how long you were married, nor how long you have been separated. Retain and attorney and good luck.

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Q: marital home - asset

1 Answer | Asked in Divorce for New Jersey on Oct 29, 2014

Answered on Jul 26, 2015

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Leonard R. Boyer's answer
You have not provided sufficient facts to answer your question. If you have not already done so, you need to retain an experienced divorce attorney. Good luck.

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Q: Is there anything else I could use other than a birth certificate to change my name back to my maiden after divorce?

1 Answer | Asked in Divorce for Oklahoma on Jun 24, 2015

Answered on Jul 26, 2015

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Timothy J. Pickens' answer
Yes. You should make sure the language in the final decree expresses your desire to take back your maiden name. Then, get a certified copy of the original decree. The decree will usually be sufficient. But, there are exceptions that you will need to discuss with an Oklahoma attorney as they may relate to your situation. Thank you, for your question. TJP

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Q: In oklahoma can You pay a lawyer to contest a divorce & settle your divorce with out your consent and sign your divorce

1 Answer | Asked in Divorce for Oklahoma on Jul 15, 2015

Answered on Jul 26, 2015

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Timothy J. Pickens' answer
The issue of informed consent is very important in relation to giving any authority to an attorney to act on your behalf. You will need to explain in more detail, such as whether or not this was an agreed decree, did you sign an affidavit attesting your consent...

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Q: Divorce and 50%?

1 Answer | Asked in Divorce for New Jersey on Nov 16, 2014

Answered on Jul 25, 2015

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Leonard R. Boyer's answer
It is a fact sensitive situation, that you need to retain an attorney to handle. Good luck.

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